July 1, 2014 Council Meeting Packet Page 38

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL- BY-THE-SEA
June 3, 2014
I. CALL TO ORDER
Mayor Burnett called the regular meeting of the City Council of the City of Carmel-by-the Sea,
California to order at 4:36 p.m.
II. ROLL CALL:
Present: Council Members Dallas, Talmage, Theis; Vice Mayor Beach (arriving at 4:47
p.m.; Mayor Burnett
Staff Present: Jason Stilwell, City Administrator
Don Freemen, City Attorney
Catherine Raynor, City Clerk
Sharon Friedrichsen, Public Services Director
Mike Calhoun, Public Safety Director
Janet, Bombard, Library and Community Activities Director
Rob Mullane, Community Planning and Building Director
Ill. PLEDGE OF ALLEGIANCE
Pastor Norm Mowery led the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
v.
A. Community Recognition: Pastor Norm Mowery, Church of the Wayfarer.
Mayor Burnett expressed appreciation for the body of Pastor Mowery's work and
congratulated him on his retirement .
B. Employee Recognition: Cindi Lopez, Community Services.
City Administrator Stilwell, Barbara Livingston, and Manta Potter recognized and
congratulated Ms. Lopez on her retirement.
ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL MEMBERS AND
THE CITY ADMINISTRATOR
A. Announcements from Closed Session
City attorney, Don Freeman, read the item into the record and stated that there is
nothing to report.
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B. Announcements from City Council members
Council Member Talmage congratulated Sunset Center on hosting a successful
fundraiser and provided an update on a meeting he and City Administrator Stilwell had
with staff from the California Public Utilities Commission.
Council Member Theis encouraged the public to attend the MINDDRVIE Car Tour event
at Sunset Center June 4th.
Council Member Dallas asked citizens to get out and vote.
Vice Mayor Beach stated the recent Council retreat was very productive, that she had
the pleasure of interviewing prospective Planning Commission candidates recently, and
she encouraged community members to submit applications.
Mayor Burnett stated Item, VIII C should be pulled as Council does not have that agenda
report . Mayor Burnett provided a water update on the desalinization project, related
milestones, and other water related items. He closed saying he will regularly provide a
water update at each regular meeting.
Council Member Talmage described other nearby large water projects.
Vice Mayor Beach provided an update on the Trails Ad Hoc Committee. She asked
Council to consider recommending a staff position, possibly at the Transportation
Agency of Monterey County, to coordinate trails and trail projects regionally. Mayor
Burnett suggested that when the Rio Park Item comes to Council that the hand out be
included in that agenda report and asked for the handout to be posted on line if
possible.
C. Announcements from City Administrator Stilwell
1. Summary of Monday's City Council Workshop on Key Initiatives - City
Administrator Stillwell provided a brief summary on the June 2nd workshop on
Key Initiatives.
2. Forest Theater Status - He stated the City has received the punch list of items
that must be fixed before the theater can reopen.
3. Flanders Update - City Administrator Stilwell stated staff continues to pursue all
5 options and hope to receive proposals robust enough to bring to Council for
consideration.
4. Forecast Agenda - He provided an update of meetings over the next month.
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VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comments for items not on the agenda at 5:05
p.m.
Sue McCloud and Christine Sandin, from Sunset Center, provided details on the Center' s recent
gala and thanked the community for its support. They closed saying next year's gala is May 9,
2014 with Herb Albert.
John Haveles, Manager of the Horizon Inn and Ocean View Lodge, asked that Item VII, L be
removed from the Consent Calendar, stating this request impacts his guests. He provided
Council will a similar written request by Julian Bills.
Jen Weathers, from the Carmel Heritage Society, encouraged the public to attend the Carmel
House and Garden Tour on June 21
5
t .
Robert Knight introduced to Council a new local group called the Carmel Business Alliance,
stating the alliance' s major concern for the City is the Farmers Market, asking it to be relocated.
Todd Tice, Jim Miller, and Ryan Sanchez also spoke in support of a better location.
Stephen Moorer, from Pacific Repertory Theatre provided Council with an update on the
relocation of their programs.
Adele Lloyd asked the City to take action on Lobos Street, possibly removing moving the
property line back and removing trees to prevent a residential parking problem.
Lisa Dias, from Mirabel Hotel & Restaurant Group, commended Council for the public input
methodology Council is using on the Farmers Market item.
Mayor Burnett closed public comment at 5:27p.m.
VII. CONSENT CALENDAR
At 5:28 p.m. Mayor Burnett read the Consent Calendar for the benefit of those watching the
meeting and noted that Item VII, L under Consent will be pulled and heard after 7 p.m. He
noted that in regards to Item VII, H. that he and Vice Mayor Beach interviewed 5 applicants and
are recommending appointment of lan Martin to the Planning Commission.
Mayor Burnett asked if the Council or the public wanted any Consent items pulled and Council
Member Talmage requested Item VII, I be pulled; Vice Mayor Beach asked for a typo to be
corrected in minutes of Item VII, B; and Sue McCloud asked that Items VII, F and J be pulled.
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Vice Mayor Beach moved, and it was seconded by Council Member Talmage, to approve
Consent Calendar Items VII, A, B, CD, E G, H K, and M with noted amendments to minutes Item
Band pulling Items F, I, J, and L for discussion. The motion carried unanimously.
A. Summary of Workshop.
Action: Summary Received
B. Ratify the Minutes for the Regular Meeting of May 6, 2014.
Action: Amended and Adopted
C. Ratify the Minutes of the Special Meeting of May 17, 2014.
Action: Adopted
D. Ratify Bills Paid for the Period of April1- April 30, 2014.
Action: Ratified March Bills not April
E. Receive Monthly Reports.
Action: Received
F. Consideration of a request from the Carmel Chamber of Commerce to hold a
Chamber's Concours Community Event and Refreshment Lounge on Thursday, August
14, 2014.
Action: Pulled from Consent; Adopted Resolution 2014-36
At 5:31 P.M. Sue McCloud asked if there is a limit on who can sell at this event, who
makes the money, and is it well policed. Mayor Burnett opened public comment and
seeing no requests to speak closed public comment at 5:33 p.m.
Maggie Hardy and Monta Potter in response to quest ions stated all the food and drinks
with the exception of the beer are provided by Carmel merchants and that trash cans
are on site
Council Member Talmage moved to approve Item VII, F, and it was seconded by Council
Member Dallas, adopting Resolution 2014-36, and the motion carried unanimously.
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Beach, Dallas, Talmage, Theis, Burnett
None
None
G. Consideration of a Resolution Authorizing the City Administrator to Adopt an
Amendment to an Existing Contract with the City of Monterey for Continued Contract
Building Safety Services.
Action: Adopted Resolution 2014-37
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H. Ratify Appointment to the Planning Commission.
Action: Appointed /an Martin to the Planning Commission to fill an unexpired term with a term
date ending October 11, 2016
I. Consideration of a Resolution Awarding the 2014 Tennis Court Rehabilitation Project to
Saviano Co. Inc., the Lowest Responsible Bidder, for a Not to Exceed Amount of $77,095.
Action: Pulled from Consent; Adopted Resolution 2014-38
Councilmember Talmage expressed concerns with bids coming in higher than expected,
suggesting the funds be use for a different project. City Administrator Stilwell stated this
project is a capital improvement project as approved the Council in its last budget.
Council Member Theis noted that Council has heard from staff concerns about liability
due to the condition of the court.
Mayor Burnett opened public comment at 5:40 p.m. Tom Greeley spoke in support of
the project, stating it is valuable community resource and urged Council to move
forward. Seeing no more requests to speak closed public comment at 5:41 p.m. stating
he received verbal support for this project from Mark Behr.
Vice Mayor Beach moved to approve Item VII, I, and it was seconded by Council Member Theis,
adopting Resolution 2014-38, and the motion carried by a 3-2 vote.
AYES:
NOES:
ABSENT:
3 COUNCIL MEMBERS:
2 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Beach, Theis, Burnett
Dallas, Talmage
None
J . Consideration of a Resolution Authorizing the City Administrator to Enter into an
Agreement with Harris and Associates for Construction Management Services in an
Amount Not to Exceed $70,000.
Action: Pulled from Consent; Adopted Resolution 2014-39
Sue McCloud asked for clarification on the job titles. Mayor Burnett opened public
comment at 5:47 p.m. and seeing no requests to speak closed public comment. City
Administrator Stilwell stated project and construction management are 2 different job
titles and described responsibilities of each.
Council Member Talmage moved to approve Item VII, J, and it was seconded by Vice Mayor Beach,
adopting Resolution 2014-39, and the motion carried unanimously.
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Beach, Dallas, Talmage, Theis, Burnett
None
None
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K. Consideration of a Resolution ofthe City Council accepting $2,000 from the Pacific
Grove Concours Auto Rally for the Carmel Police Department DARE/Diversion
Program.
Action: Adopted Resolution 2014-40
L. Consideration of a request from the Forest Theater Guild to use the Vista Lobos
Parking Lot for the 2014 Films in the Forest Series and approve a reduction in fees
for three parking spaces on Torres Street to provide disabled parking and unloading.
Action: Pulled from Consent; Moved for Discussion after Item VIII, A, the Waste Franchise Item;
Discussed; Adopted Resolution 2014-41 (4-1; Dallas voting No)
John Haveles, Manager of the Horizon Inn and Ocean View Lodge stated there are
severe complications with this request, stating the films would directly face his
properties and negatively impact hotel business. He stated he just received notice of
the project. Yvonne Bowen, Executive Director of Forest Theater Guild suggested a
sound check and noted why other locations were not recommended. Barbara
Livingston suggested a test run to determine the impacts and Sue McCloud
suggested Forrest Hill Park. Mr. Avila stated he would like a sound test and
suggested it be done in the evening to get a true comparison.
Council Member Talmage asked if portable rest rooms could be placed in a less
conspicuous spot. Council Member Dallas stated he supports the project. He
stressed that due to the number of proposed films and potential impact, that he felt
a different kind of noticing should have been used and that a better location would
be better. Yvonne Bowen described the process used by the Guild. Council discussed
several other potential locations and City Attorney Freeman stated the location
cannot be changed at this meeting as a new location has not been noticed to
residents. Council discussed the process used stressing it went through the
Community Activities & Cultural Commission with City Attorney Freeman stating
that it went through the appropriate noticing process for CA&CC.
Council Member Theis moved to approve the Forest Theater Guild doing a sound check at Vista
Lobos Parking Lot allowing John Haveles and Julian Bills the opportunity to determine if the
decibel level is sufficiently low enough to not impact their hotels and the motion was seconded
by Mayor Burnett .
Council Member Talmage asked and Council Member Theis and Mayor Burnett agreed to
amend the motion to require portable rest rooms be relocated further away from Torres Street.
Council Member Talmage asked for friendly amendment to the motion to include a decibel test
and Councilmember Theis amended her motion to include that the same approach used to
measure the residential areas surrounding Forest Theater be used to measure the decibel level
for movie performances at Vista Lobos Parking Lot and the Mayor agreed to the amendment.
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Council Member Dallas asked for the motion to be amended to limit the number of movies to
no more than 20 movies and Council Member Theis and Mayor Burnett amended the motion to
include a maximum of 20 movies.
The motion passed by the following vote:
AYES: 4
NOES: 1
ABSENT: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Beach, Talmage, Theis, Burnett
Dallas
None
M. Consideration of a Resolution to Enable Votes to Determine a Tax Question for
Monterey-Salinas Transit Funding.
Action: Adopted Resolution 2014-42
VIII. ORDERS OF COUNCIL
A. Consideration of a Resolution Authorizing the City Administrator to Execute a
Franchise Agreement between the City of Carmel-by-the-Sea and Green Waste
Recovery for Solid Waste, Recycling and Organics Collection Services for the term of
July 1, 2015- June 30, 2030.
Action: Discussed; Direction given; Continued for future discussion
City Administrator Stilwell introduced the item and Rob Hilton, from HF&H
Consultants presented an overview of the process, services included, input received,
and rate comparisons. He stressed that all7 agencies are seeking approval.
In response to Council questions City Attorney Freeman stated he has reviewed the
lengthy franchise document in its entirety.
Council Member Talmage stated the City started out with a much higher percentage
increase and now that this is much lower suggested Council add back some services.
Council discussed tipping fees, Consumer Price Index (CPI) increases, cost basis
adjustments, fuel index, and how fees are calculated.
Mayor Burnett opened public comment on the presentation at 6:18p.m.
Felipe Melcher from Waste Management asked is it true a 10-year contract does not
work and what would happen if all partners do not approve the franchise. Seeing no
more requests to speak, Mayor Burnett closed public comment at 6:19 p.m.
Council discussed the financial advantages for a 15-year contract and that all cities
are currently looking at a 15-year contract. Rich Cristina, President of GreenWaste
Recovery described the bonding process and why a single bond and 15-year term
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are more cost effective than multiple bonds and a shorter term. Emily Hanson,
GreenWaste, detailed depreciation and residual value. Rob Hilton emphasized that
the reason the increase is much lower is due to the 15-year term. He clarified that
when comparing costs for cities as in the presentation it is not a straight
comparison, citing for example that the City of Monterey does not have back yard
service and it has its own recycling center and thus comparing Carmel and Monterey
is not comparing the same services.
Mayor Burnet opened public at 7:25p.m. Barbara Livingston thanked Council for not
rushing a decision tonight and asked what she is currently paying now. Felipe
Melcher asked how long trucks can operate. Sue McCloud asked how this franchise
relates to a mandate to be 75% recyclable by 2020. Joe Cadelago, a Waste
Management representative, read a letter into the record about the franchise
negotiation process and asked Council to stay with Waste Management. Mayor
Burnett closed public comment at 7:30p.m.
At 7:49 p.m. Council recessed for a short break and Mayor Burnett called the meeting back to
order at 8:17 p.m. where all Council Members were present.
Rob Hilton responded to public comments questions and Mayor Burnett stated
Waste Management did have an opportunity to compete for this franchise. Council
discussed provisions should the contract be terminated.
Council Member Talmage and Vice Mayor Beach asked to allocate time for Council
to discuss which services were taken out and which Council may want to put back
into the franchise. Council discussed what percentage increase would be acceptable.
Council discussed the use of CPI and Rob Hilton stated he could use the West Region
Index and the disadvantages of using it.
Mayor Burnett took a short recess from discussing this item to provide Council and the public
with an elections update.
Council Member Talmage moved that Rob Hilton from HF&HR bring back a revised contract to Council
which includes a 15-year term, includes an increase in the Beach Attendant from .6 to 1.0, includes 10%
to 13% percentage increase in the franchise fee and an equal number of reviews on each side, 3 cost
based adjustments for the City and 3 cost based adjustments for GreenWaste Recovery, and explores
the concept of a cap on CPI, and specifically explores modifying the Consumer Price Index used. The
motion was seconded by Council Member Dallas.
Vice Mayor Beached asked the motion be amended to add that the City has flexibility in regards to
staffing of the 1.0 FTE position and Council Members Talmage and Dallas agreed to the amendment.
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Council Member Dallas asked for an amendment to include performance standards and liquidated
damages in Exhibit F for back and side yard services and Council Member Talmage agreed to the
amendment.
The motion passed by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Beach, Dallas, Theis, Talmage, Burnett
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0
0
COUNCIL MEMBERS: None
None ABSTAIN: COUNCIL MEMBERS
VIII . ORDERS OF COUNCIL- CONTINUED
B. Receive and adopt recommendations from the Community Activities and Cultural
Commission regarding streamlining the permit process for Thursday events in
Devendorf Park.
Action: Adopted Resolution 2014-43
At 10:18 p.m. Library Director Bombard presented a brief agenda report. Mayor
Burnett opened public comment at 10:22 p.m. and seeing no requests to speak
closed public comment
Council Member Dallas moved, and Council Member Talmage seconded the motion, that
Council adopt recommendations regarding streamlining the permit process for Thursday events
in Devendorf Park and the motion passed unanimously adopting Resolution 2014-43:
AYES:
NOES:
ABSENT:
ABSTAIN:
5
0
0
0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS
Beach, Dallas, Theis, Talmage, Burnett
None
None
None
C. Receive Report and Provide Direction on Fire True-Up Analysis.
Action: Pulled; No action taken
D. Adopt a Resolution Amending City Council Policy C12-02, Event Fee Waivers.
Action: Direction given
Library Director Bombard presented the agenda report stating the actual request is
for Council to consider a resolution authorizing certain fiscal and time limits in
respect to the fee waivers, but that tonight she is only seeking direction.
At 10:33 p.m. Mayor Burnett opened public comment . Barbara Livingston, spoke in
support of a cap. Mayor Burnett closed public comment at 10:34 p.m.
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Council discussed the merits of a cap, guidelines, and how to ensure where proceeds
go locally. City Attorney Freeman noted that staff decisions can be appealed to
Council. Mayor Burnett suggested use of CA&CAC as much as possible.
IX. FUTURE AGENDA ITEMS
A. Council Agenda Forecast - Received
Mayor Burnett asked for a calendar out of all workshops for the rest of the year. In
regards to this Vice Mayor Beach asked that names used for City meeting types be
consistent for the benefit of the public.
Council Member Theis asked about the guidelines for the Farmers Market and Council
Member Talmage suggested use of an ad hoc committee for that work.
Council Member Talmage asked with the number of visitors in town and on the beach how
is the City keeping the beach clean for the next 120 days.
Mayor Burnett opened public comment and seeing no requests to speak closed public
comment.
Council Member Dallas asked for the GreenWaste item to come back in July or at least not
on the budget meeting agenda.
IX. RECONVENE TO CLOSED SESSION (IF NECESSARY}: N/A
X. ADJOURNMENT
Mayor Burnett adjourned the meeting at 10:50 p.m.
Respectfully submitted, ATTEST:
Catherine A. Raynor, City Clerk Jason Burnett, Mayor
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